PEOPLE v. BUFFINGTON


35 A.D.2d 1063 (1970)

The People of the State of New York, Appellant, v. Edward L. Buffington, Jr., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 3, 1970


Order unanimously reversed on the law and facts, motion denied and indictment reinstated.

Memorandum:

The People appeal from an order of Monroe County Court dismissing an indictment charging defendant with the crime of criminally negligent homicide in violation of section 125.10 of the Penal Law. The evidence before the Grand Jury shows that defendant while driving his automobile at excessive speed in the night time crossed a double solid pavement marking...

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